"Neither constitutional protection immunizes anyone from liability for actual harm which results from abuse of those freedoms in the form of defamatory statements. Nor do they protect anyone from the consequences of other false statements (i.e., the commission of fraud)."

Hi Jim,

The problem with trying to utilize our constitution rights concerning liability for what appears on the internet ends when the server computer system is located outside of the USA or in a jurisdiction not under agreement to abide by our laws concerning these matters. A prime example is internet gambling.

Our laws concerning liability for criminal behavior committed on the internet currently exclude the ISP's or websites involved when the content in question is not generated by the ISP or the website host. They do in fact have broad immunity from suit. The individuals posting to a website, or using an ISP do not have such immunity. Hiding the real identity (if known) of those individuals from subpoena is where the ISP's or websites can get into trouble.

The laws are different for the internet than they are for print media or speech because this isn't a hardcopy newspaper or magazine, nor a video or audio broadcast, limited in both distribution and accessibility. Keeping the global forum of communication open and free for expression that the internet has quickly become has some squishy areas to deal with. We have to do what is best to both protect the rights of speech and protect people who might be harmed by that right. ...no easy task when making laws to cover everyone on this planet.

Hope to see you this summer!

Bob